Animal Care and Control By-law (Consolidation) No. 2019-43

Caledon, Ontario · adopted 2019-06-25

This is the exact embedded text of the captured official document. Snapshot 1cdb9b983fa6 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

OFFICE CONSOLIDATION This is a consolidation of the Town's by-law to regulate the care and control of animals being By-law Number 2019-43 as amended by By-law 2019-85 and 2026- 066 prepared for reference and information purposes only. The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. Official versions of all by-laws can be obtained from the Town Clerk by calling (905) 584-2272. If there are any discrepancies between this consolidation and By-laws 2019-43, 2019-85 and 2026-066 the by-laws shall prevail. THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO. 2019-43 A By-law to regulate the care and control of animals within the Town of Caledon and to repeal By-law 2013-130, as amended and By-law 2006-128, as amended WHEREAS Section 8 of the Municipal Act, 2001, provides that the powers of a municipality shall be interpreted broadly to enable a municipality to govern its affairs as it considers appropriate and enhance its ability to respond to municipal issues; AND WHEREAS Sections 8, 11(2) and 11(3) of the Municipal Act, 2001, confer the powers for a municipality to pass By-laws to regulate, prohibit and require persons to do things respecting animals and in relation to the health, safety and well-being of persons, the social well-being of the municipality and the protection of persons; AND WHEREAS Section 391 of the Municipal Act, 2001, enables a municipality to pass By-laws imposing fees or charges on persons; AND WHEREAS PART XIV of the Municipal Act, 2001, authorizes a municipality to enforce its By-laws; AND WHEREAS the Council of The Corporation of the Town of Caledon considers it necessary and desirable to provide for the care and control of animals within the Town of Caledon; NOW THEREFORE the Council of The Corporation of the Town of Caledon ENACTS AS FOLLOWS: Short Title This By-law shall be known as the "Animal Care and Control By-law". Part 1 - Definitions 1.1 In this By-law: "Animal" means any member of the animal kingdom, other than a human; "Animal product" means meat, fibre, fur, milk, eggs, or other products derived from an animal; "Animal Shelter" means a facility operated by the Town for the care, keeping and impounding of animals and may include any Town Staff thereof where the context permits; "At large" means where an animal is in any place other than its owner's lot and is not physically restrained by a capable person by means of a leash or otherwise; "Attractants" means any food or similar substance which could reasonably be expected to attract or be consumed by a wild animal but does not include materials used for landscaping purposes, compost or food being grown for human consumption such as a vegetable garden; "Cat" means any felidae which is commonly domesticated including those which are or appear to have become feral; "Dangerous dog" means any dog that, in the absence of a mitigating factor, has demonstrated the propensity to act in a significantly menacing or aggressive fashion or displayed an apparent attitude of attack towards any person or an owner's animal or has bitten, attacked or caused injury to any person or an owner's animal; "Designate" means an employee of the Town who has been selected by the Director to administer or enforce all or part of this By-law on their behalf; "Director" means the Manager, Regulatory Services for the Town, a designate or, in the event of any organizational changes, a successor or equivalent position; "Dog" means a canidae which is commonly domesticated; "Doghouse" means an exterior building or structure that is used, or designed to be used, to provide shelter to one or more dogs; "Dog run" means a pen that is exclusively used, or designed to be used, to provide one or more dogs access to an outside area while remaining within; "Feed" or "feeding" means to intentionally furnish or make food available; "Feeding device" means any device that may be used to attract or is intended to attract wild animals for the purposes of feeding; "Hen" means a domesticated female chicken; "Hen coop" means a fully enclosed, locking and weatherproof structure in which hens are kept; "Hen run" means a fully enclosed pen that permits hens access to an outside area while remaining within; "Landowner" means a person holding registered title to a lot and includes a lessee, tenant, occupant or a mortgagee in possession thereof; "Leash" means a strap, cord or similar device designed to restrain an animal but shall not include any device where used for tethering; "Leash free park" means a park, designated pursuant to this By-law, in which dogs are permitted to run freely; "Lot" means a parcel of land, or contiguous parcels of land in one ownership, which is capable of being legally conveyed in accordance with the Planning Act, R.S.O. 1990, c. P.13, as amended, or is described in accordance with a registered plan of condominium; "Lot line" means any boundary of a lot or the vertical projection thereof; "Lot line, exterior side" means any lot line other than a front lot line which also abuts a street; in the case where a lot line abuts a 0.3 metre reserve block, which in turn abuts a street, such lot line shall be considered an exterior side lot line; "Lot line, front" means, in the case of an interior lot, the lot line dividing the lot from the street; in the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line except, where the lot lines abutting a street are the same length, the lot line used for the principal entrance to the lot shall be deemed to be the front lot line; "Lot line, interior side" means, except for corner lots, a lot line which intersects a front lot line; for corner lots, interior side lot line means a lot line, other than an exterior side lot line, which intersects the front lot line; "Lot line, rear" means any lot line which is not a front lot line, an exterior side lot line or an interior side lot line; "Microchip" means a standard identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of an owner of the animal; "Mitigating factor" means a circumstance which excuses the aggressive behavior of an animal and, without limiting the generality of the foregoing, may include circumstances where such animal was, at the time of the aggressive behavior, acting in defence of an attack by a person or other animal, acting in defence of its young, reacting to a person or animal trespassing on the lot of its owner or being teased, tormented or similarly provoked; "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended; "Municipal boundary" means the geographic boundary encompassing the Town of Caledon; "Muzzle" means a humane fastening or covering device that is of sufficient strength and design to prevent any dog wearing it over its mouth from biting and which shall not be able to be removed by the dog but which does not interfere with the breathing, panting or vision of the dog; "Normal farm practice" means a practice that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; "Owner" means any person who keeps, possesses, harbours or has custody, guardianship or control of an animal and, where the owner is a minor, any person responsible for the custody of the minor shall be deemed to be the owner of the animal; "Person" means an individual, association, firm, partnership, corporation, trust, incorporated company, organization and includes the directors and officers of a corporation, a corporation created under the Condominium Act, 1998, S.O. 1998, c. 19, as amended, and the trustees, agents, heirs, executors or other legal representatives of a person to whom the context can apply according to law; "Pigeon loft" means a fully enclosed, locking and weatherproof structure in which pigeons are kept and which shall have a fully enclosed pen attached thereto that allows pigeons access to an outdoor area while remaining within; "Police dog" means a dog trained for and actively engaged in law enforcement activities on behalf of a police force; "Protective care" means the temporary keeping of an animal by the Animal Shelter for the purposes of protecting its health and safety; "Public authority" means any department or appointed agency of the Government of Canada, Province of Ontario, Region of Peel, the Town, conservation authority or other governmental body; "Recognized pigeon club" means a club, association or organization which, at the discretion of the Town, has as its main purpose the exhibition or racing of pigeons; "Service dog" means a dog trained by a recognized organization to provide service to the visually-impaired, hearing-impaired or to persons with other disabilities; "Street" means a public thoroughfare under the jurisdiction of either the Town, the Region of Peel or the Province of Ontario, but does not include a private lane, a private right-of- way or a private road; "Town" means The Corporation of the Town of Caledon; "Town designate" means an individual that is an employee of the Town who has been appointed pursuant to a Town By-law as a Municipal By-law Enforcement Officer and shall include the Director; "Trap, Neuter and Return program" means any operation where feral cats are trapped in order to be sterilized and then returned to the outdoors; "Unsafe weather" means weather conditions including but not limited to extreme heat and cold, snow storms, freezing or heavy rain and strong winds; "Wild animal" means any animals which are not domesticated and which live outside in their natural habitat; "Yard" means an open, uncovered space on a lot, appurtenant to a building and unoccupied by buildings except as specifically permitted under the Zoning By-law; "Yard, exterior side" means the yard extending from the exterior side lot line to the nearest wall of the main building on the lot; an exterior side yard does not include any portion of the front yard but shall extend to the rear lot line and incorporate any portion of the rear yard between the exterior side lot line and where the two yards initially intersect; "Yard, front" means a yard extending across the full width of the lot between the front lot line and the nearest front wall of the main building located on the lot; "Yard, interior side" means a yard extending from the interior side lot line to the nearest side wall of the main building on the lot but does not include any portion of the front yard or rear yard; "Yard, rear" means a yard extending across the full width of the lot between the rear lot line and the nearest rear wall of the main building located on the lot; "Zone" or "zoned" means a designated area of land use in accordance with the Zoning By-law; "Zoning By-law" means the Town's Zoning By-law, as amended. Part 2 - Application 2.1 Except where specified otherwise in this By-law, the provisions contained herein shall apply within the entirety of the municipal boundary. 2.2 The provisions of this By-law shall be without effect in the event of a conflict with the appropriate practices, as deemed by the Town, of the following: (1) any public authority; (2) a branch of the Ontario Society for the Prevention of Cruelty to Animals; (3) the Ontario Provincial Police, a municipal or other Canadian police force; (4) an animal hospital, clinic or facility that is lawfully operated or supervised under the direction of a veterinarian licensed by the College of Veterinarians of Ontario; (5) a registered research facility pursuant to the Animals for Research Act, R.S.O. 1990, c. A.22, as amended; and (6) an educational facility where animals are being kept for study, research or teaching purposes as permitted by a school board or the Ministry of Education. 2.3 In the event of a conflict between this By-law and any other Town By-law in effect, the provisions that establish the higher standard to protect the health, safety and well-being of the public and animals, in such order, shall prevail. 2.4 Nothing in this By-law shall constitute an exemption from the requirements of any other By-law in effect, applicable legislation or regulations thereto, including but not limited to the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O. 36, as amended, the Dog Owners' Liability Act, R.S.O. 1990, c. D. 16, as amended, or the Animals for Research Act, R.S.O. 1990, c. A.22, as amended. Part 3 - General Animal Provisions Standards of Care 3.1 Every owner of an animal shall ensure that such animal is kept in a humane manner free of abuse and neglect and is provided with the necessities and conditions to maintain and protect the animal's well-being including but not limited to the following: (1) adequate food and water; (2) an environment which is maintained in a sanitary condition and not overcrowded by other animals; (3) appropriate shelter for the animal which provides adequate space to move and protection from exposure to the elements such as unsafe weather; and (4) if required, veterinary care to prevent and relieve any distress to the animal caused by injury, disease or otherwise. 3.2 No owner shall cause or permit their animal to remain outside during unsafe weather which may pose a risk to the animal with the exception of where such animal is outside for a short period of time and supervised by its owner or has access to a shelter which provides adequate protection. 3.3 No person shall cause or permit an animal to be left unattended in a vehicle in a manner that may pose a risk to its health or safety from lack of proper ventilation, temperature, unsafe weather or otherwise. 3.4 No person shall cause or permit an animal to be transported outside the passenger compartment of a vehicle unless the animal is contained in an enclosed trailer or cage which provides adequate ventilation, space and shelter from the elements and is secured or fastened in a manner to protect the animal from any sudden changes in the vehicle's movement. 3.5 Without limiting any other Section within this By-law, every owner shall ensure that any enclosure provided for their animal is: (1) adequately ventilated; (2) constructed and located to permit access to light; (3) maintained in a clean and sanitary condition and free of offensive odours; (4) of a size to permit all animals therein to comfortably extend their bodies to their full natural extent, stand, sit, turn around, lie down and if appropriate for such animal perch; and (5) kept in good repair and maintained to ensure that it does not create any danger to the health of any animal contained therein for any reason. Animals at Large 3.6 No owner shall cause or permit their animal to be at large at any time. 3.7 For the purposes of Section 3.6, an animal shall not be considered to be at large in the following circumstances: (1) where a landowner permits the animal to be on their lot, unless such lot is commonly accessed by the general public; (2) if a dog is appropriately supervised by its owner and is within a leash free park; (3) where a service dog or police dog is actively engaged in carrying out the work for which it was trained; (4) if a cat is released outside as part of the normal operation of a Trap, Neuter and Return program authorized by the Town; or (5) where pigeons are released from a pigeon loft in accordance with Subsection 6.3 (6). 3.8 A Town designate may seize any animal which is suspected of being at large. 3.9 Where any person captures an animal, or a Town designate suspects that an animal was captured by a person, as a result of it being at large, such person shall deliver the animal to a Town designate or the Animal Shelter. 3.10 Where any animal is seized by or delivered to a Town designate as a result of it being at large, at the discretion of the Town designate, the animal may be delivered to the Animal Shelter to be impounded or released to its owner. Animal Excrement 3.11 Every owner shall ensure that any excrement left by their animal is immediately removed and disposed of in a sanitary manner with the exception of where: (1) the owner of the animal is a landowner of the lot on which the excrement was left; or (2) due to a physical disability, the handler of a service dog is unable to remove excrement left by such animal. 3.12 Every landowner shall ensure that any animal excrement is removed from their lot so as to ensure that it does not create a nuisance by reason of odour, sight or otherwise. Feeding Wild Animals 3.13 No person shall feed or permit the feeding of a wild animal anywhere within the municipal boundary. 3.14 No person shall cause or permit a feeding device or any attractants to be left outside on any lot, including but not limited to land owned by a public authority. 3.15 Notwithstanding Sections 3.13 and 3.14, a landowner may feed birds that are wild animals on their lot in accordance with the following requirements: (1) seed shall be placed in a feeding device designed for birds; (2) no excrement from the birds shall be permitted to accumulate; (3) seed within the feeding device shall be sufficiently above grade and reasonably inaccessible to any wild animals with the exception of birds; (4) all seed spilled from the feeding device shall be promptly disposed of; (5) the feeding device shall be maintained in a sanitary condition at all times; (6) no feeding device shall be kept in a manner which may attract wild animals other than birds; and (7) the feeding shall not create a nuisance by reason of odour, sight or otherwise. 3.16 Sections 3.13 and 3.14 shall not apply where, in the performance of their work, a feeding device or attractants are left as bait by a licensed trapper or employee of a licensed wildlife or pest control agency. Prohibited Animals 3.17 No person shall keep or permit to be kept anywhere within the municipal boundary any animal prohibited in accordance with Schedule A attached to and forming part of this By-law. 3.18 Notwithstanding any other Section of this By-law, on a lot within an extractive industrial zone or agricultural or rural zone that is actively used for agricultural or equestrian purposes, animals such as cattle, horses, ponies, mules, donkeys, goats, swine, sheep, mink, chickens, ducks, turkeys, fox, nutria, bees or other animals from which animal products are commonly harvested may be kept and managed in accordance with a normal farm practice. 3.19 Except for Section 3.18, the provisions of this By-law do not apply to animals kept and managed in accordance with a normal farm practice. Part 4 - Dogs 4.1 No owner shall keep or permit to be kept in excess of 3 dogs on a lot. 4.2 For the purposes of Section 4.1, a dog shall not count towards the total permitted number if kept in a kennel authorized in accordance with applicable Town Bylaws, a facility actively used for keeping or training service dogs or within a pet store. 4.3 Every owner of a dog shall ensure that it has a microchip, identification tag or similar means of identification affixed to it at all times which shall include the current contact information for an owner of such dog. Leashing and Tethering 4.4 No person shall cause or permit a leash to be used that has a maximum length in excess of 3 metres and which is not of sufficient strength and design to restrain any dog for which it is used. 4.5 Every owner shall ensure that their dog is kept on a leash at all times when in circumstances where it would otherwise be at large. 4.6 No person shall at any one time physically attempt to restrain in excess of 4 dogs using one or more leashes. 4.7 No person shall cause or permit any rope, chain or similar restraining device to be used to tether a dog unless such item is: (1) securely attached to a permanently affixed object to ensure that the dog is restrained when tethered; (2) situated to permit the dog to move safely and unrestricted within the length of the tethering device so the dog does not suffer any injury resulting from the tether; and (3) where used on the owner's lot for a dog which primarily lives outside, such item shall be a minimum of 3 metres in length and shall permit the dog access to an adequate source of food, water and shelter. 4.8 No person shall cause or permit a dog to be tethered unless it is adequately supervised so as to prevent any nuisances, including but not limited to barking, and to ensure that the dog remains free of any potential harm. 4.9 No person shall cause or permit a dog to be tethered using a choke chain, choke collar, pronged collar or similar device which may potentially cause harm to the dog. 4.10 No person shall cause or permit a dog to be tethered for more than 4 consecutive hours or for more than 6 hours in a 24 hour period. Dog Enclosures 4.11 Every owner shall ensure that, in addition to the requirements outlined in Section 3.5, any doghouse which is provided for their dog shall: (1) be soundly constructed and made of a hard, durable material so as to be weatherproof and impervious to water; (2) have a maximum height of no more than 2 metres as measured from the highest point of the doghouse and the ground directly below such point; (3) include clean and dry bedding sufficient for all dogs therein; and (4) where the doghouse is used by a dog in cold weather, it shall have: (a) an elevated floor to prevent direct contact with the surface of the ground; (b) a flap affixed over the door to provide protection from the elements; and (c) adequate insulation of the walls, floor and roof to retain heat and sufficiently protect any dog therein against cold weather. 4.12 Every owner shall ensure that, in addition to the requirements in Section 3.5, any dog run which is provided for their dog shall: (1) be fully enclosed and constructed to prevent the escape of any dog therein; (2) not have any individual side which is less than 1 metre in length; (3) have a minimum area of 9.5 square metres to be increased by 3 square metres for each additional dog therein over the number of one; (4) have a height of no less than 1 metre above the tallest dog in a standing position kept therein; and (5) include a section maintained in a dry condition and of sufficient size to permit a dog within to lie down. 4.13 Every owner shall ensure that any doghouse or dog run provided for their dog is: (1) only located in a rear yard or interior side yard; (2) set back at least 2 metres from any lot line; and (3) maintained in good repair and in a clean and sanitary condition free of obnoxious odours. 4.14 No person shall cause or permit a dog to be kept in a dog run for more than 20 hours within a 24 hour period and, during such time as the dog is required to be released, it shall not be tethered. Dangerous Dogs 4.15 Every owner shall ensure that, in the absence of a mitigating factor, their dog does not: (1) bite, attack or cause injury to any person or an owner's animal; or (2) behave in an aggressive or menacing manner to any person or an owner's animal. 4.16 Where a Town designate has reason to believe that a dog is a dangerous dog, an order declaring the dog as a dangerous dog may be issued to any owner of such dog and, without limiting any other Section of this By-law, such order may include any or all of the following conditions: (1) where a dangerous dog is on its owner's lot, it shall be kept in accordance with the following methods in a manner to ensure that it is safely restrained and incapable of causing injury to any person or an owner's animal entering on the lot: (a) secured in a dwelling on the lot; (b) when outdoors: (i) enclosed in a fully fenced rear yard, interior side yard and/or exterior side yard where such fence, and any gate that is part thereof, is of sufficient height, design and condition to prevent the dog from escaping the yard under any circumstances; or (ii) kept in a dog run in a rear yard or interior side yard and such dog run shall be of sufficient height, design and condition to prevent the dog from escaping or causing harm to any other animal therein under any circumstances; (2) where a dangerous dog is in any place other than its owner's lot, such dog shall be: (a) equipped with a muzzle fitted over its mouth; and (b) restrained by a leash under the direct physical control of a capable person over 18 years of age; (3) the dangerous dog is prohibited from entering and using any leash free park; (4) the dangerous dog shall be implanted with a microchip and proof, in a form satisfactory to a Town designate, shall be provided to the Town; (5) a Dangerous Dog Identification Tag shall be purchased from the Animal Shelter which shall be worn by the dangerous dog at all times; (6) a photograph of the dangerous dog, and any other identifying information deemed necessary by a Town designate, shall be provided to the Town; (7) the Town shall be provided with copies, satisfactory to a Town designate, of the most updated records for the dangerous dog to provide proof of rabies vaccination; (8) a warning sign, in a form approved by the Town, shall be conspicuously displayed at all entrances to the owner's lot where the dangerous dog is kept and such signs shall clearly indicate the dog's presence to any approaching person; (9) the dangerous dog shall be required to complete training in the form required by the Director; (10) any other condition as deemed necessary by a Town designate to protect the health and safety of any person or animal including the dangerous dog and its owner. 4.17 An order declaring a dog as a dangerous dog shall take effect at the time that service of the order is deemed effective in accordance with Section 9.10. 4.18 The owner of a dangerous dog shall upon request provide a status update to the satisfaction of the Town in respect of the dangerous dog and shall provide notification to the Town within 48 hours of: (1) any change to the residency or ownership of the dangerous dog; or (2) the death of the dog. 4.19 An order declaring a dog to be a dangerous dog shall expire upon the death of such dog. 4.20 Where any dog was declared a dangerous dog in accordance with a previous Town By-law, even where repealed, such dog shall be deemed to be a dangerous dog pursuant to this By-law and shall continue to be subject to the terms of any applicable order in effect at the time of the enactment of this By-law. Appeal of Dangerous Dog Order 4.21 A person to whom an order was issued under Section 4.16 may apply to appeal the order through a hearing by the Town's Appeal Board and the Appeal Board may: (1) confirm the order; or (2) exempt the person in whole or in part from compliance with the order. 4.22 Any application or request to appeal an order declaring a dog as a dangerous dog shall not act as a stay of the order including any condition or requirement imposed therein. Leash Free Parks 4.23 The subject lands delineated in Schedule B, attached to and forming part of this By-law, shall be designated as a leash free park. 4.24 No person shall use a leash free park except during the permitted hours as displayed on the sign posted at such park. 4.25 An owner shall accompany their dog at all times while it is within a leash free park to ensure that it remains under control and such owner shall be a minimum of 18 years of age and capable of physically restraining the dog. 4.26 No person shall have or attempt to have in excess of 3 dogs under their care and control in a leash free park at any one time. 4.27 Every child within a leash free park shall be supervised and accompanied by their parent or a legal guardian at all times. 4.28 No owner shall cause or permit their dog to enter or use a leash free park if the: (1) dog poses any danger to, or frightens, other persons or dogs; (2) dog displays, or has in the past displayed, aggressive behavior; (3) owner has been advised by a police officer, Town designate, Town Staff or authorized agent on behalf thereof that the dog is prohibited from using a leash free park; or (4) owner has been convicted of an offence related to the conduct of the dog under any Federal or Provincial legislation or a municipal By-law. 4.29 No owner shall cause or permit their dog to enter or use a leash free park unless such dog is: (1) neutered or spayed; (2) in good health and appropriately vaccinated; (3) older than six months; and (4) adequately identified as required by Section 4.3. 4.30 Every owner who permits their dog to enter or use a leash free park shall: (1) immediately remove the dog from the leash free park if: (a) it shows any aggressive behavior toward a person or other dog; or (b) a police officer, Town designate, Town Staff or authorized agent on behalf thereof requests the removal of the dog for any reason; (2) ensure that such dog is under voice control and within their sight at all times; and (3) immediately remove any excrement left by such dog. 4.31 Every owner shall ensure that their dog is controlled by leash when entering and leaving a leash free park. 4.32 No person shall cause or permit any animal other than a dog to enter or remain within a leash free park. Part 5 - Cats 5.1 No owner shall keep or permit to be kept in excess of 5 cats on a lot. 5.2 For the purposes of Section 5.1, a cat shall not count towards the total permitted number if kept in accordance with the following: (1) within a pet store; (2) temporarily kept by a rescue organization, recognized by the Town, for the purposes of being fostered and subsequently adopted or in connection with a Trap, Neuter and Return program; or (3) on a lot within an agricultural or rural zone for the purposes of providing outdoor pest control to support an active agricultural operation. 5.3 Every owner of a cat shall ensure that it has a microchip, identification tag or similar means of identification affixed to it at all times which shall include the current contact information for an owner of such cat. 5.4 No owner shall cause or permit their cats to create an adverse impact to any adjacent or nearby lot as a result of odour, noise, roaming of cats or otherwise. Trap, Neuter and Return Programs 5.5 Every person who participates in a Trap, Neuter and Return program, or similar campaign, operated by the Town shall comply with all conditions of such program as imposed by the Director and approval for a person to participate may be rescinded at any time where, in the opinion of the Director, such conditions are not complied with. Part 6 - Hens and Pigeons 6.1 Notwithstanding Section 3.17 and provided they are kept in accordance with all applicable provision contained within Part 6, hens shall be permitted to be kept on residentially zoned lots and pigeons shall be permitted to be kept on residentially, agriculturally or rural zoned lots. Keeping of Hens and Pigeons 6.2 No owner of hens shall keep them other than in accordance with the following requirements: (1) a maximum of 4 hens shall be permitted to be kept per lot; (2) all hens shall be a minimum of 4 months old; (3) hens shall be kept in a hen coop or hen run at all times; and (4) subject to the exception that hens shall be kept in a locked hen coop from 9:00 p.m. to 6:00 a.m., hens shall have access to a hen run at all times. 6.3 No owner shall keep pigeons other than in accordance with the following requirements: (1) a maximum of 60 pigeons shall be permitted to be kept per lot; (2) pigeons shall only be kept for the purposes of racing, exhibition or breeding related thereto; (3) pigeons shall not be kept for consumption as food; (4) every owner of pigeons shall be a member in good standing of a recognized pigeon club; (5) pigeons shall have affixed at all times a leg band which is issued by and identifies a recognized pigeon club; (6) pigeons shall be kept in a pigeon loft at all times with the exception of where such animals are released for: (a) training flights in accordance with Section 6.7; or (b) a race or exhibition organized by a recognized pigeon club; (7) pigeons shall not be permitted to perch, nest or stray on any property in the vicinity of the lot on which such pigeons are kept; (8) pigeons shall not be fed outside of a pigeon loft or in any manner which may attract other animals, pests or vermin. 6.4 Every owner who keeps both hens and pigeons on a single lot shall ensure that they are kept in separate enclosures and no other type of animal shall be permitted to be kept within a pigeon loft, hen coop or hen run. 6.5 Every owner shall ensure that their hens and pigeons shall be: (1) provided with adequate access to food and clean water; (2) kept in a clean and healthy condition free from disease and, where necessary, shall be provided with veterinary care; and (3) provided with appropriate space and environmental conditions conducive to good health, including but not limited to, the opportunity to socialize and engage in fundamental behaviours such as scratching, roosting and dust bathing. 6.6 Every hen and pigeon owner shall: (1) reside on the lot where such animals are kept; and (2) ensure that their hens and pigeons are kept in a manner so as to not cause a nuisance to any adjacent neighbour. Training Flights 6.7 An owner shall only release their pigeons for training flights in accordance with the following conditions: (1) a pigeon may only be released for a maximum of 2 flights per day; (2) only half of the total number of pigeons kept by an owner may be free from their pigeon loft at any one time; (3) pigeons shall only be permitted to fly at the following times: (a) before 9 a.m. or after 5 p.m. during the months of April to September; or (b) before 10 a.m. or after 3 p.m. during the months of October to March; and (4) the owner shall supervise their pigeons at all times when flying in the vicinity of the lot on which they are kept. Hen Coop, Hen Run and Pigeon Loft Requirements 6.8 No person shall permit in excess of 1 hen coop, 1 hen run and 1 pigeon loft per lot. 6.9 Every owner shall ensure that any hen coop, hen run or pigeon loft provided for their animals shall comply with the following size requirements as applicable: (1) every pigeon loft or combination of hen coop and hen run shall be less than 10 square metres in size; (2) a minimum of 0.37 square metres per hen is required for the floor area of a hen coop along with a minimum of 0.93 square metres ground area per hen for a hen run; (3) a pigeon loft shall require a minimum floor area of 0.2 square metres per pigeon; and (4) no hen coop, hen run or pigeon loft shall exceed 2 metres in height as measured from the highest point of the structure and the ground directly below such point. 6.10 Every owner shall ensure that any hen coop, hen run and all associated feed and manure storage in respect of their hens shall be: (1) located in a rear yard only; (2) set back at least 2 metres from any lot line; (3) a minimum distance of 3 metres from any dwelling on an adjacent lot; and (4) at least 15 metres from any lot on which a church, business or school is located. 6.11 Every owner shall ensure that any pigeon loft and all associated feed or manure storage in respect of their pigeons shall be: (1) located in a rear yard only; (2) set back at least 6 metres from any lot line; (3) a minimum distance of 15 metres from any dwelling on an adjacent lot; (4) at least 15 metres from any lot on which a church, business or school is located; and (5) located on a lot which is a minimum of 1 acre in size. 6.12 Every owner shall ensure that any hen coop, hen run or pigeon loft provided for their animals shall be constructed to: (1) be completely enclosed so as to prevent the escape of any hen or pigeon therein; (2) have adequate ventilation, provide protection from weather, exclude rodents and include a lock to be secured against the entry of predators; and (3) include food and water containers. 6.13 Every owner shall ensure that any hen coop provided for their hen shall include at least 1 nest box for egg laying, 1 perch providing 20 centimetres of space per hen and every hen run shall have a floor comprised of any combination of vegetated or bare earth. 6.14 Every hen or pigeon owner shall ensure appropriate maintenance in accordance with the subsequent provisions: (1) food and water containers shall be cleaned regularly and disinfected; (2) hen coops and pigeon lofts, including perches and nest boxes as applicable, shall be cleaned regularly and disinfected a minimum of 2 times annually; (3) food shall be stored in rodent proof containers and secured at all times to prevent rodents or other animals from accessing it and leftover food shall be removed in a timely manner; (4) manure and droppings shall be removed in a timely manner, stored manure shall be kept in an enclosed structure that prevents any odour and no more than .085 cubic metres shall be stored at any time; and (5) hen coops, hen runs and pigeon lofts shall be maintained in good repair and in a clean and sanitary condition, being kept free of obnoxious odours or substances and vermin. Prohibitions 6.15 Notwithstanding Section 6.1, no person shall cause or permit the keeping of hens or pigeons on a multiple residential zoned lot. 6.16 No person shall cause or permit the keeping of any rooster on a residentially zoned lot. 6.17 No person shall cause or permit the sale of eggs, manure or any other products derived from the keeping of hens on a residentially zoned lot or pigeons on a residentially, agriculturally or rurally zoned lot. 6.18 No person shall cause or permit the slaughter or euthanizing of a hen on any residentially zoned lot and, in the case of a pigeon, on a residentially, agriculturally or rurally zoned lot, and any deceased hen or pigeon shall be disposed of through the services of a veterinarian or a licensed deadstock operator. Part 7 - Animal Shelter Impounded Animals 7.1 At the discretion of the Animal Shelter, any animal that is delivered as a result of it being at large may be impounded. 7.2 Every animal that is impounded shall be held by the Animal Shelter for a minimum redemption period of 3 days exclusive of the day on which the animal was impounded, statutory holidays and any day which the Animal Shelter is closed. 7.3 The Animal Shelter shall keep a record of each animal that is impounded including but not limited to the date of impoundment, a description of the animal, any identification or contact information found on the animal and the date and manner of disposition. 7.4 Where an animal is not redeemed by its previous owner within the period established pursuant to Section 7.2, such animal shall become the sole property of the Town and may be made available for adoption, sold, transferred to a new owner, humanely euthanized or otherwise. Redemption 7.5 During the period established pursuant to Section 7.2, an animal may be redeemed by its previous owner and released from the Animal Shelter if such person provides satisfactory identification of the animal and upon: (1) payment of all applicable fees as outlined in the Town's Fees By-law, as amended; (2) reimbursement of the Town for any costs incurred as a result of veterinary or other care deemed necessary for the wellbeing of the animal while it was impounded; and (3) in the case of a dog or cat, unless a means of identification already exists to satisfy the requirements of this By-law, such animal shall have an identification tag affixed to it which includes the previous owner's current contact information. Adoption 7.6 A person may only be eligible to adopt an animal from the Town if they are, to the satisfaction of the Animal Shelter, capable of providing proper care to such animal and may be reasonably expected to meet the requirements of this By-law. 7.7 Every person who intends to adopt an animal from the Animal Shelter shall: (1) complete an application in a form prescribed by the Town; (2) where the animal being adopted is a cat or dog, obtain an identification tag for or have a microchip implanted in the animal, both of which shall require the current contact information of the adopting person; and (3) pay all applicable fees in accordance with the Town's Fees By-law, as amended. 7.8 The Town may refuse the adoption of an animal for any reason. Surrender 7.9 An animal may only be surrendered to the Animal Shelter where the owner of such animal provides: (1) all information requested by the Animal Shelter which may include but is not limited to the animal's prior health and behavioural history; (2) on a form prescribed by the Town, written consent to the surrender acknowledging that all previous owners of the animal relinquish possession and ownership which are irrevocably transferred to the Town; and (3) payment of all applicable fees in accordance with the Town's Fees By-law, as amended. 7.10 An animal may be required to pass an assessment conducted by the Animal Shelter prior to it being approved for surrender. 7.11 Where an animal is surrendered to the Animal Shelter, all previous owners are deemed to have relinquished ownership and possession of the animal which shall become the sole property of the Town and may be made available for adoption, sold, transferred to a new owner, humanely euthanized or otherwise. 7.12 The Town may refuse the surrender of an animal for any reason including but not limited to where, in the opinion of the Animal Shelter, such animal is not suitable for subsequent adoption. Protective Care 7.13 The Animal Shelter or a Town designate may receive an animal for the purpose of providing protective care in any circumstance that the Director deems appropriate which may include but is not limited to where protective care is required as a result of an eviction, incarceration, medical or fire emergency or at the request of the Ontario Provincial Police or other police service. 7.14 Where any animal is received into protective care by the Town, it shall only be kept on a temporary basis for a maximum period of 5 days unless extended by the Director, exclusive of the day on which the animal was received, statutory holidays and any day which the Animal Shelter is closed. 7.15 During the period outlined in Section 7.14, an animal may be retrieved by its former owner, or an agent on behalf thereof, upon: (1) payment of all applicable fees as outlined in the Town's Fees By-law, as amended; and (2) reimbursement of the Town for any costs incurred as a result of veterinary or other care deemed necessary for the wellbeing of the animal while it was in protective care. 7.16 Any animal receiving protective care that has not been retrieved pursuant to Section 7.15 by the expiry of the period outlined in Section 7.14, shall be impounded by the Animal Shelter in accordance with Sections 7.2 through 7.4. 7.17 Where an animal that was receiving protective care is impounded as a result of it not being retrieved, in addition to complying fully with Section 7.5, in order to redeem such animal the previous owner shall pay all fees required in accordance with Section 7.15. 7.18 The Town may refuse to receive an animal into protective care for any reason. Humane Care 7.19 Any animal that is kept by the Animal Shelter as a result of impounding, surrender, protective care or otherwise may be provided with any medical interventions or other care deemed necessary by the Animal Shelter to protect such animal. 7.20 Nothing in this By-law shall prevent the Animal Shelter from humanely euthanizing an animal in its care at any time if, in conjunction with a veterinarian, the Animal Shelter determines that such animal is ill or injured and is incapable of being so cured or healed as to live thereafter without suffering. Part 8 - Administration 8.1 The Director, Town designates and Animal Shelter shall be responsible for the administration of this By-law. 8.2 A Town designate may, in the most humane manner possible permitted by the circumstances, destroy an animal suspected of being at large if, in the opinion of the Town designate, such animal should be destroyed without delay for humane reasons due to severe injury or illness from which the animal would not likely recover and sustain life and where it would be inhumane to remove the animal to a veterinary hospital or the Animal Shelter for care. 8.3 Neither the Town nor its employees or agents shall be liable for damages or compensation for any act, or omission thereof, related to an animal that is impounded, seized, surrendered, received into protective care, euthanized, destroyed or otherwise in accordance with the provisions of this By-law and every person shall use a leash free park at their own risk and hold the Town harmless; for greater clarity, no damages or compensation shall be paid to any person under any circumstances. [Sections 8.4 through 8.12 added by By-law 2019-85 effective December 17, 2019] Variance Process 8.4 The Director is hereby delegated the authority to administer the variance process as outlined herein. 8.5 With the exception of Sections 4.15 through 4.22, a person, or agent on behalf thereof, may request a variance from any provisions within Part 4, Part 5 or Part 6 of this By-law. 8.6 A request for a variance shall be submitted to the Director on the application form prescribed by the Town and shall only be deemed to be complete and ready for a review by the Director if it includes: (1) the name, address and contact information of the applicant; (2) reference to the specific Section(s) of the By-law from which the variance is sought; (3) a detailed description explaining why the applicant requires the variance; (4) any other material deemed necessary by the Director to evaluate the request; and (5) payment of the non-refundable fee as outlined in the Town's Fees By-law, as amended. 8.7 Where a complete application is received and the Director is of the opinion that the requested variance may impact particular adjacent lots or their residents, notice of the variance request may be provided to the landowners of those lots and such notice shall be delivered: (1) personally, with service deemed effective on the date the notice is given; (2) by posting the notice in a conspicuous location on the landowner's lot, with service deemed effective on the day after posting; or (3) by registered mail, with service deemed effective on the 5th day after mailing. 8.8 The Director is authorized to approve or refuse a request for a variance from the provisions of this By-law and approval of a request may be in whole or in part with terms and conditions as deemed necessary by the Director. 8.9 In considering a request for a variance, the Director shall have regard to the following: (1) whether it is in accordance with the general intent and purpose of the By-law; (2) if approved, would the resulting variance cause harm or a negative impact to any animals; (3) if approved, would the resulting variance be in keeping with the surrounding area and would there be any negative impact on adjacent residents; (4) are there any special circumstances and would strict application of the provisions of this By-law result in unnecessary difficulty or hardship for the applicant; and (5) would approval of the variance result in any impacts to the health, safety or welfare of the public. 8.10 The decision of the Director in respect of a variance request shall be deemed final. 8.11 Every person to whom a variance is granted shall comply with the variance including all terms and conditions applied. 8.12 The Director may revoke a variance where there is reason to believe that the variance or any terms and conditions thereto have not been complied with, and upon revocation, the original provisions of the By-law shall apply. Part 9 - Enforcement 9.1 The Director and Town designates shall be responsible for the enforcement of this By-law. 9.2 Where a Town designate considers an animal to be in immediate distress, such Town designate may: (1) issue an order pursuant to this By-law requiring work to be immediately completed to correct the contravention which may include having the animal examined and treated as necessary by a veterinarian; and (2) where such order is not immediately complied with, remedial action may be initiated in accordance with Section 9.16. Powers of Entry and Inspection 9.3 Any Town designate or agent on behalf of the Town may at any reasonable time enter upon any land or lot for the purpose of carrying out an inspection to determine whether the following are being complied with: (1) this By-law; (2) any direction or order pursuant to this By-law; or (3) an order issued pursuant to Section 431 of the Municipal Act, 2001. 9.4 Where an inspection is conducted in accordance with Part 9 of this By-law, any Town designate may: (1) require the production of documents and things for review that may be relevant to the inspection; (2) inspect and remove documents or things which may be relevant to the inspection for the purpose of making copies; (3) require any information from any person concerning a matter related to the inspection, including but not limited to names, addresses, contact information, and proof of identity or other identification; and (4) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 9.5 Any Town designate or agent on behalf of the Town may, for any circumstance set out within this By-law, undertake an inspection in accordance with an order issued pursuant to Section 438 of the Municipal Act, 2001. 9.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Town designate who is exercising any power or authority, or performing a duty as permitted pursuant to this By-law and, without limiting the generality of the foregoing, the following shall constitute hindering or obstructing: (1) declining, neglecting or failing to give, produce or deliver to a Town designate any access, information, document or other thing that may be related or relevant to an inspection; or (2) providing any false or misleading information, document or other thing to a Town designate concerning a matter that may be related or relevant to an inspection including but not limited to a person's identity or status as the owner of an animal. Orders 9.7 Where a Town designate is satisfied that a contravention of this By-law has occurred, the Town designate may make an order requiring the person who caused or permitted such contravention, or the landowner of the land or lot upon which the contravention occurred, to discontinue the contravening activity. 9.8 Where a Town designate is satisfied that a contravention of this By-law has occurred, the Town designate may make an order requiring the person who caused or permitted such contravention, or the landowner of the land or lot upon which the contravention occurred, to do work to correct the contravention. 9.9 An order made pursuant to this By-law shall set out the following: (1) the municipal address and/or the legal description of the land or lot on which the contravention occurred; (2) reasonable particulars of the contravention; (3) the contravening activity which shall be discontinued or the work to be done to bring the contravention into compliance; (4) the date by which there must be compliance with the order; and (5) where applicable, notice that if compliance is not achieved by the prescribed date, the Town may complete the work at the expense of any person to whom the order is issued. 9.10 An order may be delivered: (1) personally, with service deemed effective on the date the order is given; (2) by providing it to any suspected adult person on the land or lot where the contravention occurred or at the last known address of any person named in the order, with service deemed effective on the date the order is given; (3) by ordinary mail to the address where the contravention occurred or the last known address of any person named in the order, with service deemed effective on the 5th day after mailing; (4) by registered mail to the address where the contravention occurred or the last known address of any person named in the order, with service deemed effective on the 5th day after mailing; (5) by posting the order in a conspicuous location on the land or lot where the contravention occurred or at the last known address of any person named in the order, with service deemed effective on the day after posting; or (6) by e-mail transmission only if the order is also delivered by registered mail and such e-mail transmission may be delivered to the last known e-mail address of any person named in the order, with service deemed effective on the 5th day after transmission. 9.11 A Town designate may enter upon any land for the purpose of delivering an order pursuant to Section 9.10. 9.12 Every person to whom an order is issued shall comply with the order. 9.13 Any order issued pursuant to this By-law may be rescinded by the Director at any time. 9.14 The Director and Town designates may extend the time for compliance with an order made pursuant to this By-law. 9.15 No order issued under this By-law shall be appealed to any board, tribunal or similar body established by the Town with the exception of an order in respect of a dangerous dog pursuant to Section 4.16 and, unless otherwise specified within the order, the final date to request an appeal shall be 20 days after the date that service of such order was deemed effective in accordance with Section 9.10 exclusive of any statutory holidays and any day where the Town Hall is closed. Remedial Action and Cost Recovery 9.16 Wherever an order issued pursuant to this By-law, directs or requires any matter or thing to be done by any person within a specified time period, in default of it being done by the specified time period, remedial action may be initiated by the Director or a Town designate and the Town may recover, from any person directed or required to do the matter or thing, the costs incurred through a legal action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 9.17 For the purposes of taking remedial action under Section 9.16, the Town, its Staff and/or its agents may enter, at any reasonable time, upon any lands or lot on which a default to carry out a required thing or matter occurred. 9.18 For the purposes of recovering costs in accordance with Section 9.16, such costs shall include interest calculated at a rate of 15 per cent or lesser for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full. Infractions and Penalties 9.19 Every person who contravenes any provision of this By-law is guilty of an offence. Section 9.19.1 added, By-law 2026-066, Effective June 23, 2026. 9.19.1 Every Person who contravenes any provision of this By-law, including an Order issued under this By-law, is guilty of an offence and is liable to pay to the Town an Administrative Penalty and any Administrative Fees, where applicable, pursuant to the Administrative Monetary Penalty System By-law 2024-086, as amended. 9.20 Every person who is charged with an offence under this By-law by the filing of a certificate of offence under Part I of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, upon conviction is liable to a fine as provided for by the aforesaid act. 9.21 Every person who is charged with an offence under this By-law by the laying of an information under Part III of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, upon conviction is liable, pursuant to the fine provisions of the Municipal Act, 2001, to a fine as follows: (1) to a minimum fine of $500 and to a maximum fine of $100,000; (2) for each day or part of a day that the offence continues, to a minimum fine of $500 and a maximum fine of $10,000, and the total of all daily fines for the offence is not limited to $100,000; and (3) in the case of multiple offences, for each offence included in the multiple offence, to a minimum fine of $500 and a maximum fine of $10,000, and the total of all fines for each included offence is not limited to $100,000. 9.22 If any provision of this By-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by this By-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted. Part 10 - Severability 10.1 Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the remaining provisions of this By-law. Part 11 - Transition 11.1 By-law 2013-130, By-law 2006-128 and all amendments to each shall be repealed upon this By-law coming into effect. 11.2 This By-law shall come into full force and effect on September 1, 2019. Enacted by the Town of Caledon Council this 25th day of June, 2019. "Allan Thompson" Allan Thompson, Mayor "Carey Herd" Carey Herd, Town Clerk Schedule A - Prohibited Animals 1. With the exception of those animals which meet the requirements of the Permitted Exceptions column, all animals in accordance with the Type column are prohibited within the municipal boundary and the Common Names of animals listed in the table below are provided as examples only and do not limit the generality of the Type. Class Type Common Names Permitted Exceptions Arachnida Araneae Spiders Scorpiones Scorpions Aves Accipitriformes Hawks and eagles Anseriformes Ducks, geese and swans Apterygiformes Kiwis Casuariiformes Emus and cassowaries Columbiformes Pigeons and doves Falconiformes Falcons Galliformes Pheasants, grouse, guineafowls, turkeys, chickens and peafowls Gruiformes Cranes Phoenicopteriformes Flamingoes Rheiformes Rheas Sphenisciformes Penguins Strigiformes Owls Struthioniformes Ostriches Mammalia Artiodactyla Cattle, goats, sheep, swine, deer, elk, camels, llamas, alpacas and reindeer (caribou) Carnivora Wolves, coyotes, foxes, fox hybrids, wolf hybrids, hyenas, tigers, leopards, jaguars, cougars, lions, lynx, cheetahs, hybrid bengal, savannah and chausie cats and similar hybrids, minks, skunks, weasels, otters, badgers, mongoose, civets, genets, cacomistles, raccoons, kinkajous, bears, seals and walruses Domesticated dogs Domesticated cats Domesticated ferrets Chiroptera Bats, myotis and fruit bats Eulipotyphla Shrews African pygmy hedgehogs Lagomorpha Hares and pikas Domesticated rabbits Marsupialia Koalas, kangaroos, possums, opossums, wombats and wallabies Sugar gliders derived from a self-sustaining captive population Perissodactyla Horses, donkeys, mules, zebras and ponies Primates Gorillas, monkeys, chimpanzees, lemurs, orangutans and bush babies Proboscidea Elephants Rodentia Porcupines, prairie dogs and nutria Rodents such as hamsters, gerbils, chinchillas and guinea pigs which do not exceed 1,500 grams and are derived from a self-sustaining captive population Scandentia Treeshrews Xenarthra Anteaters, armadillos and sloths Reptilia Crocodilia Alligators, crocodiles, gavials and caimans Squamata Iguanas, savannah monitors, pythons and boas (including anacondas) Non-venomous or poisonous lizards which have a maximum length of less than 70 centimetres and are not commonly expected to exceed that length Non-venomous or poisonous snakes which have a maximum length of less than 3 metres and are not commonly expected to exceed that length Testudines Terrapins, tortoises and turtles Turtles derived from a self- sustaining captive population Other All venomous or poisonous animals. Schedule B - Leash Free Parks 12889 Coleraine Drive